Our Rating System - Last Updated 5/22/18

In order to help preserve each users bill of rights, and in order to provide each user with a clear idea of what he or she is signing, each contract terms of service reviewed on this site is given a rating, from 0 - 100, with 100 being the most fair.

Part 1

Each agreement is first rated on a 0 - 50 scale, using the following criteria from our online user bill of rights

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  1. The Right to Privacy - Up to 5 Points
  2. The Right to Equal, Fair, & Reasonable Expression - Up to 5 Points
  3. The Right to Control My Intellectual Property - Up to 5 Points
  4. The Right to Sue - Up to 5 Points
  5. The Right to Low-Cost Arbitration - Up to 5 Points
  6. The Right to Join a Class Action - Up to 5 Points
  7. The Right to No Hidden Terms or Fees - Up to 5 Points
  8. The Right to Fair Process & To Be Heard - Up to 5 Points
  9. The Right To Appeal & The Right to Return - Up to 5 Points
  10. The Right to Reasonable Terms - Up to 5 Points

This initial bill of rights (explained in depth on the bill of rights page) provides an initial potential total of 50 points based on the contract itself.

Part 2

An additional 50 points are granted as follows based on all prior related versions of that Terms of Service agreement:

Summary

Together, this all comes to 100 points. The higher the score, the more fair the agreement. In general, a score of 90 or above is "Excellent"; 80 or above is considered "Reasonable"; 70 or above is considered "Be Cautious"; Below 70 is considered "Read Carefully Before Signing" and anything below 25 should probably be avoided at all costs, or USE AT YOUR OWN RISK BECAUSE YOU HAVE GIVEN UP NEARLY ALL OF YOUR RIGHTS IF YOU USE THAT SERVICE!

Companies that follow and adhere to the bill of rights, and treat customers fairly and with respect, will come closest to earning the coveted, but rarely earned, 100.

Each day, the top ten fair online contracts and top ten unfair online contracts will be publicly displayed on the TOSFairness.org homepage--as both a badge of honor to those who are at the top, and an embarrassing outing of those companies who disrespect their customers who are rated at the bottom.

As a courtesy, TOSfairness will make a reasonable effort to contact any company that is reviewed on the website (via email, if an email address is easily listed on the company terms of service or website) to inform the company that their website and/or app has been reviewed on TOSfairness. We do this in order to give that company an opportunity to review its rating, and should the company so desire, to use our bill of rights, score, and suggestions for improvement to improve the terms for the next version of the agreement.

NOTE ABOUT GDPR (Global Data Protection Regulation of the European Union - Effective 5/25/2018) - Although the GDPR regulations are an important regulation, we chose at this time not to include GDPR compliance as a factor in our bill of rights and ratings, even though many of its requirements echo some of our ideals. Why? First, it's unclear how implementation of GDPR will roll out and both large and small companies are still trying to determine precisely what is required. Second, our bill of rights is based on overarching general common sense principles, and not any country's particular laws. In the future, if we feel that certain provisions of the GDPR should be formally incorporated into our bill of rights and rating system, we shall update them accordingly. Therefore, at this time, we are not using GDPR compliance as a factor in our ratings.

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